Employers Reference Manual Chapter 16 Public School Employees Retirement System 5 N. 5th Street Harrisburg PA 17101 1905 Phone 1.866.353.1844 Fax 717.772.3860 Email ContactESC@state.pa.us www.psers.state.pa.us Employers Reference Manual Chapter 16 Revised: 3/23/2015 i
TABLE OF CONTENTS CHAPTER 16 CHARTER SCHOOLS... 1 WHO HAS THE AUTHORITY TO CHOOSE AN ALTERNATE RETIREMENT PROGRAM?... 1 WHAT QUALIFIES AS AN APPROVED ALTERNATIVE RETIREMENT PROGRAM?... 2 CAN A SCHOOL EMPLOYEE SELECT ANOTHER APPROVED RETIREMENT PROGRAM IF THE SCHOOL EMPLOYEE WAS A MEMBER OF PSERS IN THE PAST?... 2 CAN A CHARTER SCHOOL EMPLOYEE HOLD MULTIPLE POSITIONS?... 3 CAN A CHARTER SCHOOL EMPLOYEE PURCHASE SERVICE FROM A CHARTER SCHOOL?... 3 Employers Reference Manual Chapter 16 Revised: 3/23/2015 i
Chapter 16 Charter Schools The Charter School Law requires that all employees of a charter school be enrolled in PSERS unless there is another approved retirement program that covers the employees. A charter school employer can choose to enroll some of its employees in PSERS and enroll others into another program. In this case, the employer would be considered a participating charter school. The term non participating is used for charter schools that have opted to provide another approved retirement program for all their employees and does not have any active or inactive PSERS members on their staff. If the employee of a charter school is not eligible to participate in another approved retirement program, or would have the option of participating in another approved retirement program and chose not to, then the employee would be enrolled in PSERS. Example: If an hourly employee is required to render 750 hours to be eligible for another approved retirement program in the first year and does not render at least 750 hours then the employee must be enrolled as a public school employee in PSERS if they meet the minimum service requirements of 500 hours. Who has the Authority to Choose an Alternate Retirement Program? A charter school can enroll some, or all, of its employees in PSERS, provided those not enrolled in PSERS are enrolled in another approved retirement program. The choice of what plans to offer to which employees is controlled exclusively by the employer. (i.e., the employee can only choose from the retirement programs that the charter school offers to that employee). A charter school may offer another approved retirement program to new employees and not existing employees. If an employee is enrolled in another approved program, then that employee will not be able to obtain concurrent service credit in PSERS for this time. A charter school, which has joined PSERS, cannot decide to withdraw entirely from PSERS and offer another approved program to its employees that are already being reported to PSERS. In order to withdraw from PSERS, the charter school must dissolve and re incorporate as a new entity with the PA Department of Education and PSERS. Employers Reference Manual Chapter 16 Revised: 3/23/2015 1
Once an employee is enrolled in PSERS, the enrollment is binding until a break in service. After a break in service, the charter school can rehire the employee and enroll that employee in another approved retirement program. Note: For more information on the Break in Service rules, see Chapter 7: Determining Member Contribution Rates. What Qualifies as an Approved Alternative Retirement Program? Other retirement programs may be offered by any of the state s charter schools. Another retirement program: Can be a defined contribution plan Need not require that the employer make contributions to the program Must be maintained by the employer (for example, an IRA account established solely by the employee would not qualify). PSERS Office of Chief Counsel (OCC) makes the determination of whether or not a proposed retirement plan is acceptable. All public school employees default into PSERS if no other approved program is available. Can a School Employee select another Approved Retirement Program if the School Employee was a Member of PSERS in the Past? A public school employee who meets the membership requirements for PSERS is required to be enrolled in PSERS unless the employee: Has elected SERS as their retirement program. Has elected another approved retirement plan offered by the employer. Has had a break in service and subsequently qualifies for and enrolls in another approved retirement program offered by the employer. Works for a charter school that chose not to offer PSERS as a retirement program to that employee. Is an annuitant who returns in an emergency or extra curricular capacity. 2 Employers Reference Manual Chapter 16 Revised: 3/23/2015
Can a Charter School Employee Hold Multiple Positions? An administrator of a charter school may not be employed by or receive compensation from another charter school or a company that provides management or other services to the same or another charter school. The term administrator shall include the chief executive officer of a charter school and all other employees of a charter school who by virtue of their positions exercise management or operational oversight responsibilities. A charter school employee who does not hold an administrative position is subject to the standard rules of employment with multiple school entities. Can a Charter School Employee Purchase Service from a Charter School? An employee of a charter school is not able to purchase service credit if the employee was participating in another approved retirement program provided by the employer during that same time. If an employee is not eligible to participate in another approved retirement plan, or voluntarily chooses not to participate, then participation in PSERS is mandatory. Employers Reference Manual Chapter 16 Revised: 3/23/2015 3